Loading...
HomeMy WebLinkAboutCOUNCIL MINUTES 1973-10-10 14015 MINUTES OF THE SEVEN HUNDRED SEVENTIETH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On October 10, 1973, the above meeting was held at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and was called to order by the President of the Council at approximately 8:05 P. M.. Councilman Ventura delivered the invocation. Roll was called with the following result: Present--Robert F. Nash, Jerry H. Brown, Peter A. Ventura, Jerry Raymond, Edward G. Milligan, Robert E. McCann and Robert D. Bennett. Absent--None. Elected and appointed officials present: Edward H. McNamara, Mayor; Addison W. Bacon, City Clerk; Harry C. Tatigian, City Attorney; Robert E. Osborn, Director of Public Works; Rudolf R. Kleinert, Director of Public Safety-Fire; John Bunk, Fire Chief; Dennis J. Swift, Captain, Police Department; Ronald Mardiros, City LAssessor; Stanley Bien, Chief Librarian; John Nagy, City Planner, Robert Stokes, Forestry Division, Parks and Recreation; G. E. Siemert, City Engineer; H. G. Shane, Planning Department; and John F. Markes, State Representative of the 36th District. By Councilman Ventura, seconded by Councilman Brown, and unanimously adopted, it was #817-73 RESOLVED, that the minutes of the 769th regular meeting of the Council of the City of Livonia, held on September 26, 1973, are hereby approved. The following resolution was unanimously introduced, supported and adopted: #818-73 RESOLVED, that in concurrence with the requirements of Public Act No. 200, Section 3(247.323) of the Michigan Public Acts of 1969 M.S.A. 9.140(23), the City Council of the City of Livonia hereby supports the proposal to temporarily close Edward Hines Parkway to motorized traffic from Ford Road to Newburgh Road, between the hours of 10:00 a.m. and 3:00 p.m. on Sunday, October 21, 1973; AND FURTHER, the City Council of the City of Livonia supports the spirit and intent of the proposal to close this portion of the Edward Hines Parkway to permit bicycling over the ten mile section. 14016 Councilman Milligan gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 8-218 OF CHAPTER 2 (MISDEMEANORS) OF TITLE 8 OF THE LIVONIA CODE OF ORDINANCES AS AMEI IDED. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Raymond gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 15 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDI- NANCE," BY ADDING SECTION 3. THERETO. RE: PETITION 73-3-1-12 FOR CHANGE OF ZONING FROM R-1 TO P. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Bennett gave second reading to the following Ordinance: AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. (Petition No. 73-5-3-3) A roll call vote was taken on the foregoing Ordinance with the following result. AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. ImrThe President declared the foregoing Ordinance duly adopted, and would become effective on publication. 14017 Councilman Ventura gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 13 OF THE ZONING MAP OF THE CITY OF LIVONIA AND '3' DING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDI- NANCE," BY ADDING SECTION 3. THERETO. RE: PETITION 73-3-1-10 FOR CHANGE OF ZONING FROM RUF TO C-1. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Ventura, Milligan, McCann, Bennett, Brown and Nash. NAYS: Raymond. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. By Councilman Brown, seconded by Councilman Bennett, it was #819-73 RESOLVED, that having considered the report and recommendation of the Fire Chief dated September 12, 1973, approved by the Director of Public Safety-Fire and the Budget Director and approved for submission by the Mayor, the Council does hereby accept the bid of Peter F. Payette Company, 8110 Macomb, P. O. Box 65, Grosse Ile, Michigan 48138, for supplying the City (Division of Fire) with one (1) Air Compressor, Model 4305B completely installed, at a cost of $7,290.00, and the Council does hereby accept such bid in lieu of the low bid for the reasons outlined in the aforementioned report and recommendation; further, the Council does hereby appropriate and authorize the expenditure of the foregoing sum from the 1966 Fire Headquarters Bond Issue; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result . AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Brown, seconded by Councilman Bennett, it was #820-73 RESOLVED, that having considered a communication from the Acting Chief of Police and the Director of Public Safety-Police dated September 7, 1973, which bears the signature of the Budget Director and is approved for submission by the Mayor, the Council does hereby authorize an extension of the existing contract between the City and Gay Way Industrial Catering, 878 Starkweather, Plymouth, Michigan 48170, to May 31, 1974 for providing prisoner meals at the City jail, such extension to be based upon an increase in costs from $2.50 to $3.00 per day. 14018 A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Milligan, it was #821-73 RESOLVED, that having considered a communication from the City Engineer dated September 17, 1973, approved by the Director of Public Works and approved for submission by the Mayor, with regard to the need to repair a surveying instrument (a Wild T-16 Theodolight Transit), the Council does hereby authorize a transfer in the amount of $250.00 from Engineering Division's Salary and Wages Account No. 441-702 to the Office Equipment Maintenance Account No. 441-934 for the purpose of having the aforesaid repair work completed. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Milligan, it was #822-73 RESOLVED, that having considered a communication from the Super- intendent of Operations, the Director of Public Works and the Budget Director dated September 18, 1973, approved for submission by the Mayor, with regard to increased costs for paper and sanitary chemicals, the Council does hereby authorize the transfer of the sum of $2,200.00 from the Equipment Maintenance Salaries Account No. 935-702 to the Sanitary Supplies Account No. 934-777 for the purpose stated in the aforesaid com- munication. A roll call vote was taken on the foregoing resolution with the following result- AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Raymond, seconded by Councilman Ventura, it was #823-73 RESOLVED, that having considered a communication from the Chief of Police and the Director of Public Safety-Police dated August 22, 1973, which bears the signature of the Budget Director and is approved for sub- mission by the Mayor, with regard to a course entitled "Introduction to Human Behavior" to be conducted in the Police Building Classroom in con- junction with Wayne State University and Doctor Milton Solomon, Chief Psychologist of Wayne County General Hospital, the Council does hereby authorize the transfer of the sum of $6,000.00 from Account No. 325-702 (Patrol Bureau Salary and Wages) to Account No. 325-960 (Patrol Bureau Training) for this purpose. 14019 L A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman Ventura, and unanimously adopted, it was #824-73 RESOLVED, that having considered a communication dated September 26, 1973 from the City Planning Commission which transmits its resolution No. 232-73 adopted by the Commission on September 18, 1973 with regard to Petition No. 73-9-2-22, submitted by Burger Chef Systems, Inc., requesting permission to remodel and add to the existing restaurant as a waiver use on property zoned C-2 located on the north side of Five Mile Road, east of Merriman Road in the Southwest 1/4 of Section 14, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition No. 73-9-2-22 is hereby approved and granted, such action to be based upon the same conditions as are set forth in the aforesaid recommenda- tion of the Planning Commission. By Councilman Milligan, seconded by Councilman Ventura, and unanimously L adopted, it was #825-73 RESOLVED, that having considered a communication dated September 21, 1973 from the City Planning Commission which transmits its resolution No. 9-233-73 adopted by the Commission on September 18, 1973 with regard to Petition No. 73-9-2-23, submitted by Burger Chef Systems, Inc., request- ing permission to remodel and add to the existing restaurant as a waiver use on property zoned C-2 located on the north side of Plymouth Road, east of Stark Road in the Southeast 1/4 of Section 28, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition No. 73-9-2-23 is hereby appfoved and granted, such action to be based upon the same conditions as are set forth in the aforesaid recom- mendation of the Planning Commission. By Councilman Milligan, seconded by Councilman Raymond, and unanimously adopted, it was #826-73 RESOLVED, that having considered a communication dated September 21, 1973 from the City Planning Commission which transmits its resolution No. 9-234-73 adopted by the Commission on September 18, 1973 with regard to Petition No. 73-9-2-24, submitted by Burger Chef Systems, Inc., request- ing permission to remodel and add to the existing restaurant as a waiver use on property zoned C-2 located at the intersection of Eight Mile Road and Grand River in the Northeast 1/4 of Section 1, the Council does hereby L concur in the recommendation made by the City Planning Commission and Petition No. 73-9-2-24 is hereby approved and granted, such action to be based upon the same conditions as are set forth in the aforesaid recom- mendation of the Planning Commission. 14020 By Councilman Bennett, seconded by Councilman Milligan, it was #827-73 RESOLVED, that having considered a communication from the City Engineer dated September 17, 1973, approved by the Director of Public Works and approved for submission by the Mayor and which transmits a proposed License Agreement between the Board of Wayne County Road Com- missioners and the City of Livonia wherein the Board would grant permis- sion to the City to use certain described property known as the Norton Yard in order to construct the Inkster Road Water Main, the Council does hereby determine to approve the proposed agreement and for this purpose authorizes the Mayor and City Clerk to affix their signatures to such agreement for and on behalf of the City of Livonia, and to do all other things necessary or incidental to the full performance of this resolution, and the said Clerk is requested to transmit three (3) executed copies of the Agreement, together with a copy of this resolution, to the Board. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Brown, seconded by Councilman Bennett, it was #828-73 RESOLVED, that having considered a communication from the City Engineer dated September 7, 1973, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby approve and authorize the installation of approximately 500 feet of 24 inch storm sewer westerly from the storm sewer presently being constructed on Deering Avenue, north of Five Mile Road, such work to be constructed as an addition to the existing 1973 Miscellaneous Residential Street Paving Contract at the unit price bid therein; further, the Council does hereby authorize an advance not to exceed $13,000.00 from the City's Motor Vehicle Highway Funds (Local) and/or the 9.8 Million Dollar Street and Road Improvement General Obligation Bond Issue for this purpose; which amount shall be reimbursed from Chapter 20 Drain Project funds at such time as bonds are sold for Livonia Drain No. 39 and Branches; and the Director of Public Works is hereby authorized to approve all minor adjust- ments in the work as constructed; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia for this work as well as to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Ventura, it was 1+021 #829-73 RESOLVED, that having considered a communication from the City Engineer dated September 7, 1973, approved by the Director of Public Works and approved for submission by the Mayor, with regard to establishing a policy for the construction of sidewalks at existing driveways, the Council does hereby refer this matter to the Streets, Roads and Plats Committee for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result. AYES: Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: Brown. The President declared the resolution adopted. By Councilman McCann, seconded by Councilman Ventura, it was RESOLVED, that having considered a communication from the City Engineer dated September 7, 1973, approved by the Director of Public Works and approved for submission by the Mayor, with regard to the relocation of an existing light pole at 27690 Joy Road to a new location approximately 28 feet to the west, the Council does hereby authorize and request the City Clerk to make application to the Detroit Edison Company, on forms provided by such Company, to relocate the said street light in the manner indicated in the aforesaid communication; further, the Council does hereby appropri- ate and authorize a. sum not to exceed $550.00 from the City's Motor Vehicle Highway Fund (Major Road Account) for this purpose. By Councilman Ventura, seconded by Councilman Bennett, it was #830-73 RESOLVED, that having considered a communication from the City Engineer dated September 7, 1973, approved by the Director of Public Works and approved for submission by the Mayor, with regard to the relocation of an existing light pole at 27690 Joy Road to a new location approximately 28 feet to the west, the Council does hereby determine to refer this matter back for the Engineering Division for additional report and recom- mendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Milligan, McCann, Bennett and Nash. NAYS: Raymond and Brown. The President declared the resolution adopted. By Councilman Raymond, seconded by Councilman Ventura, it was #831-73 RESOLVED, that having considered the letter from the Michigan Liquor Control Commission dated September 10, 1973, and the report and recommendation dated October 9, 1973 from the Chief of Police in connection 14022 therewith, the Council does hereby approve of the request from Livonia Lanes Lounge, Inc. for new official permit for sale, service and consumption of alcoholic beverages on the concourse to be held in conjunction with 1973 Class C Licensed premises with Official Permit (Bowling) Sunday Sales and Direct Connection at 31630 Plymouth Road, Livonia, Michigan, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman McCann, it was #832-73 RESOLVED, that having considered a communication dated September 21, 1973 from the Assistant Assessor, approved for submission by the Mayor, with regard to a request from Mr. Adrien C. Bergeron, 11036 Merrimar Toad, Livonia, Michigan 48150, and in accordance with the provisions of A'ct 288 of the Public Acts of 1967, as amended, as well as Section 18. +6 of Qsdi- nance No. 543, the City of Livonia Zoning Ordinance, as amended, the Council does hereby find that the proposed division of Tax Item 35D27a would not be contrary to the spirit and purpose of the aforesaid ordinance and does, accordingly, approve of dividing of same into two parcels, the legal descriptions of which shall read as follows: Parcel "A" That part of Northwest 1/4 of Northwest 1/4 of Section 35, T. 1 S., R. 9 E., described as beginning at a point, Distant South 89° 58' 45" East 542' and due South 955' from Northwest corner Section 35. Proceeding thence due South 90' thence North 89° 58' 45" West 256', thence due North 90'"thence South 89°58'45k' East to point of beginning, except the East 30' thereof. Parcel "B" That part of Northwest 1/4 of Northwest 1/4 of Section 35, T. 1 S., R. 9 E., described as beginning at a point, Distant South 89° 59' 45" East 542' and due South 1045' from Northwest corner Section 35. Proceeding thence due South 90' thence North 89° 58' 45" West 256', thence due North 90', thence South 89° 58' 45" East to point of beginning, except the East 30' thereof. as shown on the map attached to the aforesaid communication which is made a part hereof by this reference; and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond., Milligan, McCann, Bennett, Brown and Nash. NAYS: None. 14023 By Councilman Ventura, seconded by Councilman Brown, it was #833-73 RESOLVED, that having considered the report and recommendation dated September 18, 1973 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, and the attached final construction estimate dated September 18, 1973, the Council does hereby authorize Final Payment in the amount of $1,925.00 to Jack B.Anglin, 42750 Grand River, Novi, Michigan 48050, which sum includes the full and complete balance on a contract dated June 27, 1973 in the amount of $19,250.00 in connection with the clearing and grubbing of Parksite E, Sections 4 and 5 (Contract 73-D) it appearing from the aforementioned report that all work under the said contract has been completed in accord- ance with City standards and specifications, and that the necessary contractor's affidavit has been filed; and the City Clerk and City Treas- urer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Brown, seconded by Councilman Raymond, it was #834-73 RESOLVED, that having considered a communication from the Fire Chief dated September 13, 1973, approved by the Director of Public Safety- Fire and approved for submission by the Mayor, with regard to a request made by the Director of Hawthorne Center for the City of Livonia to pro- vide primary fire protection for their facilities, the Council does hereby refer this matter to the Fire Department and Law Department in order to negotiate and thereafter prepare a proposed agreement between the City of Livonia and Northville Township for this purpose, such Agreement, upon preparation, to be submitted to the City Council for its consideration. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. The communication from the Mayor, dated September 17, 1973, in response to various Council resolutions referred to him, was received and filed for the information of the Council. By Councilman Ventura, seconded by Councilman McCann, and unanimously 16. adopted, it was 14024 #835-73 RESOLVED, that having considered a communication from the Livonia City Woman's Club dated September 24, 1973, as well as communications from the Madison Civic Association and the Federation of Livonia Civic Associa- tions, on the subject of pornographic literature, the Council does hereby refer this matter to the Mayor for his report and recommendation. By Councilman Ventura, seconded by Councilman Milligan, it was #836-73 RESOLVED, that having considered a communication from the firm of Rails-Hamill-Becker-Carne Inc., Architect/Construction Manager, dated September 27, 1973, Architect's Project No. 73-376, with regard to bids received for the construction of lockerrooms at the Devon-Aire Ice Rink, the Council does hereby concur in the recommendation set forth in the aforesaid communication and accepts the following bids: Item Contractor Amount (1) General Conditions $ 1,800 (2) Site Work Pemberton Const. 5,500 (3) Concrete Pemberton Const. Line 2 & 3 (5) Masonry & Steel Clarence Gleeson 9,950 (6) Carpentry RHS Contractors 5,590 (7) Roofing Chaffee Roofing 2,156 (9) Lath & Plaster Smith-Santaro 3,970 (10A) Hollow Metal R. K. Hoppe 836 (l0B) Hardware Detroit Sterling 910 (lOC) Toilet Partitions J. R. Penner 1,160 (10D)" Nisc. Specials 531 (11) Painting Michigan Poly-Glaze 950 (14) Construction Contingency 1,000 (15)Mechanical N. D. Nelson 18,700 (16) Electrical Hubbs Electric 3,747 (18) Construction Management RHBC, Inc. 5,640 (19) Planning RHBC, Inc. 4,680 $67,120, the same having been in fact the lowest qualified bids received for these items; and the Mayor and City Clerk are hereby authorized to execute contracts for and on behalf of the City of Livonia with the aforesaid bidders and to do all other things necessary or incidental to the full per- formance of this resolution; further, the Council does hereby authorize and appropriate the expenditure of the foregoing sum from Federal Revenue Sharing Funds. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was 14025 Ihr #837-73 RESOLVED, that having considered a communication from Mr. Vern Foster, Yellow and Red Cabs, dated September 24, 1973, and which purports to be submitted also in behalf of Detroit Cab and Suburban Checker Cab, wherein a request is made for the preparation of an amendment to Section 6-223 of the Livonia Code of Ordinances for the purpose of increasing rates for taxicabs, the Council does hereby request the Department of Law to prepare an appropriate Ordinance amendment for this purpose and to thereafter forward same to the Committee of the Whole for its considera- tion. The following preamble and resolution were offered by Councilman Milligan and supported by Councilman Ventura: #838-73 WHEREAS, on September 12, 1973, the City of Livonia, County of Wayne, Michigan, sold $1,295,000.00 - 1973 Special Assessment Bonds to American Securities Corporation, Kenower, MacArthur Division; and WHEREAS, the notice of sale for said bonds stated that the paying agent for said bonds would be designated by the purchaser subject to the approval of the City; and WHEREAS, the purchaser has designated as paying agent for said bonds the City National Bank of Detroit, Detroit, Michigan; NOW, THEREFORE, BE IT RESOLVED THAT: 1. The City Council of the City of Livonia, County of Wayne, Michigan, hereby approves the City National Bank of Detroit, Detroit, Michigan, as paying agent for the $1,295,000.00 - 1973 Special Assessment Bonds, of the City of Livonia, County of Wayne, Michigan. 2. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman Ventura, it was #839-73 BE IT RESOLVED THAT this Municipality hereby designates CITY NATIONAL BANK OF DETROIT as Paying Agent and shall deposit cash, in advance of the due date, with CITY NATIONAL BANK OF DETROIT, TRUST DIVISION, in an amount sufficient to pay as the same mature and become payable the follow- ing obligations of said Municipality, to wit: a. Principal of all outstanding Bonds of said Municipality authorized and issued under authority of a Resolution dated the 12th day of September, 1973, and designated as $1,295,000.00 - 1973 Special Assessment Bonds. 14026 b. Interest coupons as the same become due on said bonds. c. The Paying Agent's ordinary service fee which may be subject to change from time to time. BE IT FURTHER RESOLVED, that in the event the Municipality exercises any right of prepayment of said Bonds and interest coupons, the Municipality shall give written notice to the Paying Agent at least thirty (30) days prior to the date fixed for said call and prepayment and prior to such date of payment shall deposit with the Paying Agent sufficient money to pay all outstanding Bonds and interest to the date of payment. Paying Agent shall have no duty to inquire as to the legal ownership of any bond or interest coupon presented for redemption. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Bennett, it was #840-73 RESOLVED, that having considered a communication from the Mayor dated September 14, 1973, the Council does hereby determine to amend and revise Council resolution No. 578-73, adopted on July 11, 1973, so as to have the same more correctly read and provide that the annual salary for the position of Director of Administrative Services shall be in the amount of $14,441.00, and not $14,005.00. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. The communication from the Mayor dated September 27, 1973, with respect to the continuation function of the SPREE 23 Committee, was received and filed for the information of the Council. By Councilman Ventura, seconded by Councilman Raymond, it was #841-73 RESOLVED, that having considered a communication from the Budget Director dated October 1, 1973, approved for submission by the Mayor, the Council does hereby accept the bid proposal of Standard Oil Company for supplying the City with 30,900 gallons of No. 2 Fuel Oil at a price of 19.30¢ per gallon; further, the Council does hereby determine to waive the bidding requirements prescribed in the City's Financial Ordinance pursuant to the provisions set forth in Sections 2-212(d)(1) and 2-212 (d) (5) and for the reasons set forth in the aforesaid communication. 14027 LA roll call vote was taken on the foregoing resolution with the following result: AYES : Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman McCann, and unanimously adopted, it was #842-73 RESOLVED, that the Council does hereby establish the following dates for the purpose of conducting regular meetings of the City Council for the months of November and December, 1973: Wednesday, November 14, 1973 Wednesday, November 28, 1973 Wednesday, December 12, 1973 Wednesday, December 19, 1973. By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was #843-73 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council resolution #337-56, so as to permit consideration of several items that do not appear on the agenda. By Councilman Bennett, seconded by Councilman Brown, it was #844-73 WHEREAS, pursuant to due and proper notice, published and mailed to all property owners in Special Assessment District No. 134 for the proposed improvement of Bobrich Avenue (Alternate IIIa), west of Merriman Road, in Section 10, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, as required by the provisions of the City Charter and Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, a public hearing thereafter having been held thereon on Monday, October 8, 1973 at 8:00 P. M. at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and the City Council having duly met and reviewed the special assessments levied on the special assessment roll as prepared by the City Assessor to cover the district portion of the cost of street improvements to be constructed in Special Assessment District No. 134, and WHEREAS, the City Council has heard and carefully considered all objections made to said assessments: NOW, THEREFORE, BE IT RESOLVED, THAT: (1) The City Council does hereby determine that the assessments set forth in said Special Assessment Roll dated August 16, 1973, in the amount of $37,943.20, are fair and equitable and based upon benefits to be derived by construction of improve- ments proposed in said district, in accordance with the plans of the CityEngineer and resolution of the City Council; 14028 (2) Said Special Assessment Roll No. 134 is hereby approved and confirmed in all respects, (3) The amount of said roll shall be divided into ten (10) equal annual installments with interest at a rate not to exceed six percent (6%) per annum on the unpaid balance of the assessment from sixty (60) days after December 1, 1974. In such cases where the installments will be less than Ten Dollars ($10.00) the number of installments shall be reduced so that each installment shall be above and as near Ten Dollars ($10.00) as possible. The first installment shall be due and payable December 1, 1974 and subsequent installments on December 1st of succeeding years; (4) Pursuant to the provisions of Section 2-513 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the assessment roll, and the said assessment roll shall then be immediately transmitted to the City Treasurer who shall then publish notice as is required by Section 2-519 of the Livonia Code of Ordinances, as amended, and mail assessment statements to the respective property owners assessed in the manner and substance as provided by said Section 2-519. Any property owner assessed may, within sixty (60) days from December 1, 1974 pay the whole or any part of the assessment without interest or penalty; (5) The first installment shall be spread upon the 1974 City Tax roll in the manner required by Section 2-521 of the Livonia Code of Ordinances, as amended, together with interest upon all unpaid installments from sixty (60) days after December 1, 1974 and thereafter one (1) installment shall be spread upon each annual tax roll together with one (1) year's interest upon all unpaid installments, provided, however, that when any annual installment shall have been prepaid in the manner provided in Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, either within the sixty (60) day period as provided by Section 2-520, or after expiration of the sixty (60) day period as provided by Section 2-523 then there shall be spread upon the tax roll for such year only the interest for all unpaid installments, (6) The City Council having determined t^ pay a portion of the cost of the improvement of Bobrich Avenue (Alternate IIIa), west of Merriman Road, in the sum of $5,677.88 and the same is hereby authorized to be expended from the Motor Vehicle Highway Fund Receipts (Local Roads). 14029 A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman Raymond, and unanimously adopted, it was #845-73 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated August 22, 1973 on all matters required by Sections 2-506 and 2-514 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on Monday, October 8, 1973 at 8:00 P. M., after due notice as required by Section 2-507 of said Code, and careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 2-508 of said Code: (1) accept and approve said statement in all respects; (2) determine to make the improvement consisting of the installation of ornamental street lighting with underground wiring in Gold Manor Estates Subdivi- sion in Section 9, City of Livonia, Wayne County, Michigan, as described in said statement, and I. defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived; (3) approve the plans and specifications for the im- provement as set forth in said statement dated August 22, 1973; (4) determine that the cost of such improvement shall be paid by special assessment upon the property especially benefited; (5) determine that the assessment made for such improve- ment shall be paid in annual installments, according to said statement; (6) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows: A special assessment district located in the N. 1/2 of Section 9, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, being more L particularly described as Lots 3 through 84 both inclusive of proposed Gold Manor Estates Sub- division, City of Livonia, Wayne County, Michigan and Bureau of Taxation Parcel 09B2b2; 14030 (7) direct the City Assessor to prepare a special assessment roll in accordance with the Council's determination on said statement as prepared by the City Engineer dated August 22, 1973, and; (8) that upon completion of said roll, the City Assessor shall attach thereto the certificate re- quired by the provisions of Section 2-510 of the Livonia Code of Ordinances, as amended, and file the same with the City Clerk, who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon, pursuant to Title 2 Chapter 5 of the Livonia Code of Ordinances. By Councilman Bennett, seconded by Councilman Milligan, it was 4846-73 RESOLVED, that having considered a communication from the City Planning Commission dated October 10, 1973, which transmits its resolution No. 10-243-73, adopted by the Commission on October 9, 1973 with regard to Petition No. 73-10-8-38 submitted by Mickey Shorr, 25326 Middlebelt Road, Farmington, Michigan requesting approval of all plans required by Section 18.47 submitted in connection with a proposal to convert an existing gas station located on the north side of Plymouth Road between Haller and Camden in Section 36 to a retail store, the Council does hereby refer this matter to the next Study Session to be conducted on October 15, 1973. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: Ventura. The President declared the resolution adopted. The following resolution was unanimously introduced, supported and adopted #847-73 RESOLVED, that having considered the report of the Ecology Com- mission dated September 27, 1973 wherein they indicate that public use of Newburgh Lake for general recreation and especially swimming is diminished and even precluded as a result of water pollution caused during periods of flooding by connecting streams and waters located upstream from Newburgh Lake, the Council does hereby request that the Michigan Department of Natural Rescources and the Wayne County Board of Commissioners initiate programs to eliminate any and all sources of water pollution in this area, and thereby permit expanded public use of Newburgh Lake; further, the Council urges the governing bodies of Plymouth Township, Northville Town- ship and other interested communities located upstream to join in this request by the adoption of similar resolutions. 14031 By Councilman Milligan, seconded by Councilman Brown, and unanimously adopted, this 770th regular meeting of the Council of the City of Livonia was duly adjourned at 9:10 P. M., October 10, 1973. ADDISON W.